Bribery Crime Criminal Activity Legislation Comparative Study Between China And Japan

Bribery crime is a common ills facing the world nowadays, bribery crime as the first link in the chain bribery crime must be harsh blow. Constantly improve the bribery crime legislation in China to meet the needs of the current anti-corruption struggle at the same time, some problems still exist. Book early in 1907, the Japanese criminal law implementation in 1908, the relevant provisions on the bribery crime, great changes have taken place in today, these changes make the Japanese have a relatively clean, high quality of civil servants. Between the two countries are basically refer to penal code of civil law and criminal law, the provisions of bribery crime the two countries has both similarities and differences, comparative study, the relevant provisions of the two countries learn from Japan's experience in criminal legislation and to perfect our legislation of bribery crime, has very important significance. The article adopts the method of comparative study of, the content is divided into four most:The first part, the bribery crime charges system and the concept of comparison. This part is the macro aspect of bribery crime in both China and Japan, are divided into system charges of bribery crime and bribery crime concept in two parts. Bribery crime is a scientific classification method, includes multiple charges. Our country on the basis of bribery by constantly add new charges to adapt to changes of the actual situation of the current provisions of bribery crime in China, including bribery, the unit bribery, bribery, bribery of the non-state workers, to foreign public officials, international public organization official bribery and bribery to influential people. The history of the Japanese system charges of bribery crime has its particularity, Japan responded to the bribery crime is a generalized rule, uniform to give \ "bribe\", think the opposite party of bribery crime is formed namely bribery crime. Concept is the nature of the things in general and highly summarized, correct understanding of the concept of bribery crime is the basis of the understanding of bribery crime criminal legislation. Bribery crime concept of different compared to two countries, summarizes the different on the cognizance of the bribery crime and the fight against the impact of combining with the nature of the crime, summing up the concept of bribery crime, to after account.The second part, the bribery crime subjective and objective constitutive requirements. This section from the micro aspect of bribery crime, mainly divided into two parts. First, the author explains the subjective aspect of bribery crime in the criminal law provisions, the two countries will bribe crime subjective aspect of regulation for deliberately, but in China, will also constitute bribery crime must also have the aim of "seek improper interests"; Secondly, the author will between the two countries to the objective aspects of bribery crime shall be discussed, this part emphatically analyzes the scope of bribery in the criminal legislation of the similarities and differences between the two countries.The third part, the sino-japanese bribery laws prescribed. Specifies the details of the punishment range in our country, according to different damage degree of bribery crime is suitable for various level of sentencing plot, "criminal law amendment(nine) greater bribery crime punishment rules strictly, at the same time increase the fine punishment. And Japan's legal punishment of bribery crime is not the same as prescribed criminal bribery laws of the country to realize individualized, Japanese criminal law applicable to all types of bribery crime same punishment.The fourth part, the Japanese bribery crime criminal legislation of our country's enlightenment. This section in combination with the previous three parts about bribery crime rules between the two countries on the basis of the problems found on comparison research, on the basis of learn from Japan's experience in legislation, puts forward Suggestions of perfecting our country's bribery crime legislation: first, on charges of bribery crime system legislation should draw lessons from Japan, will advance of bribery crime, afterwards bribery crime and bribery crime, period about bribery crime in bribery crime system, in order to make our country's criminal law more closely. Second, about the bribery crime subjective aspect is mainly discussed the author opposed to cancel "seek improper interests" for the purpose of bribery claims and reasons. Third, bribery content-- "bribe", should be combined with the judicial practice of China, learn Japanese legislation, would "not property interests" in its range. Fourth, the legal punishment of bribery crime, the author suggested that improve the fine punishment, increase the qualification punishment, at the same time adding to bribery crime is not the legitimate interests of the recovered, and be ordered system, but also strengthen the punishment is not.The author hope that through the comparative analysis of bribery crime legislation, combined with the actual situation of our country, puts forward relevant Suggestions, in order to help the bribery legislation in China.